tv [untitled] December 26, 2011 5:01pm-5:31pm PST
creating fantastic jobs will join the events we have all along our great market street. you will see united nations plaza with its wonderful market parts -- arts festival starting out through mid december and there will be joined by so many events. i want to thank everyone for coming tonight. spencer, with that, are we ready? are we ready for a count of? >> i think we are ready. we want all of you for joining us. i want to thank the participants once more because once we do the countdown, you may not be able to see them. thank you very much. we are going to start the countdown. are you ready to join us? >> 10 9 8 7 6 5 4 3 2 1 >> like the snowflakes -- light
we have a full commission today. commissioners items on calendar art items #one and two -- are items 1 and 2. floor area ratio, parking come in compliance in specified use districts. item two is case number 2,011.0533z. special district porcine elimination and special districts for phoenix street. staff? >> supervisors choose offi chi'e
will make comments before i begin my presentation. nice to see all of you here. i know you a very long day ahead of you. i want to make very clear what the request is in regards to this item. since we met in october, we have had a number of meetings with interested parties. not all of the meetings we would like to have, and the meetings we did have were a midpoint of discussion on particular items, everything from affordable housing for the exemptions on area ratio for affordable housing to rooftop screening to some of the limited commercial uses and robust discussions on the parking issues we discussed in october. given what we believe is the fact that there is more art reached needed and we want to do more outreach, after the discussion today and public
comment, we would respectfully request that you continue this item one more time. i am open to late january/early february. and late february may be more realistic. i know we have a busy year coming up. i want to thank the commission for all the time you have spent so far on this legislation, and your staff. in general we really appreciate the effort the commission staff went through to make my reject recommendations. we are very close to being prepared to except all of them. i-- in general, we really appreciate the effort the commission staff went through to make recommendations. we want to have one more policy discussion with the port about the goals that are in the legislation to make sure we are on the same page in working
toward some of those goals. i can respond to specific questions after your staff presentation or if anything comes up during public comment that you would like me to respond to. generally that is where we are. we appreciate your time. we hope you get a little time before your want afternoon meeting starts. thank you very much. -- your loner afternoon ger afternoon meeting starts. >> good morning, commissioners. i have placed the presentation in front of you, and i also put an amendment to the recommendation. one is a clerical modification that was supposed to be in the original report, and we accept the left it out. the second one clarify is a code section, and i've highlighted them on there. i will be happy to answer questions about those.
i was going to put together a musical number for this, but scott sanchez would not do it with me, so it just out of power point presentation. no video. i organize the recommendations into six different categories. clerical, parking, clarifications, lcu and other. the recommendations will not follow that actual order in the executive summary, but i will slow -- cite the numbers you can follow along. the first one i will not go under half -- over each clerical modification but there are things we found in the legislation were there were incorrect references. that is what those are.
the next section for parking, the ordinance makes a lot of changes to parking, and these are the proposed recommendations for that. recommendation one in the executive summary, the proposed ordinance prohibits parking lot in the zoning district, which makes all existing non- conforming uses, which means they would have to cease operations within five years. we're recommending surface parking lots be allowed under conditional use. this would allow existing surface parking lots to operate, and it would allow the commission to grant new parking lots or expansion on a case by case basis.
recommendation no. 2 in the executive summary, the proposed ordinance expand powers to waive certain requirements, for jerkily to parking. the parking -- department recommends parking for st. 161 here yen this is one of the changes made that i highlighted. this recommended change would allow -- would result in allowing administrative exceptions to off-street parking requirements in all districts. recommendation no. 3 in the executive summary, the proposed ordinance removes the code that allows proposed parking lots,
which are currently non- conforming units. we are recommending modifying the code so these will require renewal s kemper uses a conditional use every five years, instead of every two years. parking lots would still be non- conforming uses, and would be required to end operations in five years it operators did not seek it to be a temporary use. it would permit existing parking lots to continue to operate for a reasonable amount of time. while allowing the commission to review temporary use request on a case by case basis. recommendation # four, the proposed ordinance changes the minimum parking under proposed unit. we are recommending to remove the off-street parking units for
off-street districts and continue to regulate the parking maximum requirements by the more permissive excess report a controls. by adding this to the proposed legislation, districts will be treated like all other mixed-use districts in the city. skipping to recommendation no. 7, the proposed ordinance rewrite the long-term parking rate structure based on a proposal by the metropolitan transportation administration. the department recommends having a long-term parking rate structure in the transportation. we are asking you to recommend that to the board of supervisors. the temporary measure, we would like it to be put in the code that the planning director could authorize the director of transportation to enforce the section of the code. this is extremely difficult for the department to enforce. having it in the planning code means it cannot be retroactive. if a new parking crunch comes
into existence, it would be subject to new controls. recommendation no. 16. the proposed ordinance make several changes to parks and maximum controls. this could create problems with projects that have already been approved by the commission and projects that are in the process of getting funding and getting prepared to be built. the department is recommending we had a grandfathering clause to the ordinance that would exempt those projects, projects that have already gone conditional use from you. the next section seeks to
clarify certain provisions in the ordinance. there are just two of those. recommendation no. 10 remind -- deals with section 184. these parking lots are non- conforming uses currently. we want to make sure that they do not have to go out of business immediately, which is the way some have read the legislation, so i am seeking language into the ordinance that would make it clear they would have to cease operation within five years and 90 days. recommendation no. 14, the proposed ordinance exempts affordable housing from f.a.r. limits. there was also concerned this would exempt all units in the
building if there were affordable units present. we are seeking clarification that in the ordinance but says only affordable housing units are exempt. the next section is lccu's ltd. commercial uses and ltd. cornered commercial uses. section 8 in the executive summary deals with this. the proposed ordinance would a allowlccu' lccu's to be 2,500 f currently the limit is 1200 square feet and 50 feet from the corner. the department recommends maintaining existing controls as they are. we generally recommend that idea is this the thing to community planning efforts be continued to the five-year post plan adoption time. this is something that the
octavia group has requested to be changed in the ordinance as well. recommendation no. 17, a proposed ordinance allows lcu's to be established with conditional use. we think this is a great idea, but it specifies that it cannot be done if the space has been converted into our residential unit. and many of these spaces are awkward as residential units. they were designed as corner stores and do not work well as residential units, so we would like that to be stricken from the ordinance and allow these to be reinstated on a case by case basis. the following recommendations deal with port property in the recommendations that we worked
out with the department and the port. the first one is recommendation 5a that deals with the waterfront design advisory committee, and we would like to expand the authority of w.a.c. still has jurisdiction over all port properties. we think it is a good process for the port property and how things get developed. it makes sense to continue it all the way since there will be this altmandesolvements. we also ask this be moved from section 240, which is the waterfront s.u.d. to article 3 that deals with general processes. recommendation fiv5b, currently
the planning commission appoints one member of staff. the planning department of lowry's -- allows both departments to appoint a staff member or person outside the agency staff with qualified expertise in urban design or planning or a landscape design and architecture. recommendation # 5c, the proposal strikes out language that was thought to be redundant. it exempts port property from existing -- existing port property from conditional use. the port feels this reaffirms their obligations under the burton act. keeping it or striking it does not do anything for us. we're fine with keeping it in there. recommendation of 5d, of the
proposed legislation would require a new waterside curb cut. the department recommends that the ordinance be altered so that waterside curb cuts, including newki curb cuts should be approved through w.a.c. finally, recommendation no. two in the zoning law change. this is the only one i will go over on that. the proposed ordinance moves three blocks. we recommend striking this from that legislation. it does not require any substantial changes, but the ports feel it would unnecessarily complicate understanding of how waterfront design process relates to pour properties. -- port properties.
in the other category -- i could have come up with something more interesting. the proposed ordinance prohibits commercial vehicles in the commercial district. we think this is compatible use for the c.m district. we're recommending it is a c.u. instead. recommendation no. 11, the ordinance makes changes to section 132, which covers improvements to the public right of way when certain things are done to a building. the department recommends removing existing regulations were there is a change of use that involves more than half of the building floor area. we found this difficult to enforce, especially since a lot of the projects can be approved over the counter and do not have any of their review process. it is not a very effective way to do this.
we're also recommended other changes to the section that clarify certain provisions and allow for exceptions when required improvements are in feasible. these have come about through implementation of this section and recommended by the city wide department. a list of them is in the ordinance. recommendation no. 12, we would just like the board of supervisors to consider in the implications that adding the embarcadero to the scene extreme districts would have an effect on the waterfront. it is not clear if it would have a negative impact, but we would like this look at a little more thoroughly. in the event the america's cup would put up signs larger than 200 feet, which would be limited under this.
recommendation no. 13, the proposed ordinance seeks to combine the washington post- broadway special use districts into one district. what this does is make wholesale establishment of permitted use in the entire washington broadway s.u.d. this would prohibit commercial uses in the residential units. this would still be allowed in the c2, which we think is a more appropriate place to have that use. finally recommendation no. 15. the code has different criteria for publicly-owned and privately-owned excess three parking. we feel the land use impacts for public parking garages are the same regardless of who owns
them. the department recommends merging the criteria so their subject to the same restrictions and requirements. that are the recommendations. i am happy to take questions that you have. president all lolague: andy tho. >> good morning, commissioners. in regards to this legislation that is being postponed, i appreciate the supervisor's office for that, because there is a situation where even though there is existing code for the
changes for group housing and for non-conforming buildings, there will be waivers. there will also be a rear yard a new section called planning sections 307hd. the zoning administrator will be allowed additional powers, and it will affect some of the existing legislation, especially the low-density lots i suggest of that we look at the legislation very carefully. i hate to pester you. it is probably the third time i have come up on this one, but here is more documentation. >> thank you.
>> good morning, commissioners. this is unusual. for me anyway. i have concerns in regards to the zoning administrator authorities with this change. not that i did not trust mr. sanchez, but someone in the future it may be someone we do not trust. to give but one person the authority to waive open space parking requires -- it is my understanding when he makes that decision there is no recourse. i would like to have clarification on that. i think public hearings are vital and necessary. this is something that needs
further study, and i hope in the future we can meet with supervisor chiu's 8 and the department to clarify these changes. thank you very much. >> thank you. >> good morning, commissioners. i know this will be coming back to you in a month, so i will be brief. i will reiterate the very strong support for this ordinance. it is full of good things for encouraging every day bicycling. iyou know everything from rationalizing the code to require parking in buildings so that more projects will be bringing parking and making it easier for developers to bring park -- by parkinbike parking is
wonderful. also very pleased to see the notion of having the planning commission committed to require project letter seeking extra -- extra parking to mitigate that at nearby intersections as a condition of approval. i think of the city placed project that came to you a year and a half ago. a lot of conversations about that project. the failure of the current process to capture the impacts we think it is by to have on pedestrian and bicycle movements in the vicinity of ultimately advocates in the project sponsor struck a private mitigation protocol. interesting, but there should be something that is official. when we're putting into much parking come of the least we can do is have the project make it safer for transit.
i know this will come back to you, but let me thank president chiu, supervisor chiu and his staff. livable city, and the excellent planning staff who has been working on this. a really great piece of legislation. we will be back when we talk about it again. thank you. >> tim colan followed by linda chapman. >> good morning, commissioners. tampim colan. i would guess over the past year, was gracious enough to come down and make extended detailed presentations on this topic to our regulatory affairs committee, and i have to say the response was pretty much that is really reasonable. really like the direction it is the way. it makes a lot of sense. a lot of small changes, and we think it is a welcomed step
forward for a more sensible use of are very scarce -- very scarce land. we love the incentive for on- site affordable housing. and we like how it emphasizes alternative the te transportati and of a clear sense of where the direction of things are going, it reduces emphasis on private audits. it is inescapable that is where cities are going. we also love the changes that have been made to allow grandfathering. we saw projects we like that were good. i think it is fair that they be
allowed to go under the old rules. we think this is pointing a good direction for the city. i think supervisor chiu and tom should be commended for the work they do. we would call, all, which is a term of esteem and height approval for someone who takes the planning code and gets in and works with it. we like where it is going. >> good morning, commissioners. we represent priority parking. again, party parking -- priority parking strongly object the proposed elimination of the longstanding provision under section 184 of the planning code that allows for the continued operation of parking lots our grandfather when the downtown plan was passed. these parking lots have been in
legal operation for over 25 years. we think the changes proposed to stop are positive, but we still think it is a mistake to allow these businesses to go out of business in five years. generally legal non-conforming uses are grandfathered. characterization should be rare exception to the role when particular circumstances limit the war of the use. -- the limits of the conditional use. we understand it may be possible to obtain additional use operation for parking on a approval basis. conditional use operations are subject to appeal.